1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

LGBT News Supreme Court Declares Gays a Protected Class

Discussion in 'Current Events, World News, & LGBT News' started by Dan82, Jun 26, 2013.

  1. Dan82

    Full Member

    Joined:
    Dec 12, 2009
    Messages:
    4,754
    Likes Received:
    0
    Location:
    Chicago IL
    starting a separate thread for this because it's important



    http://www.outsidethebeltway.com/supreme-court-declares-gays-a-protected-class/


     
  2. Emberstone

    Full Member

    Joined:
    May 26, 2008
    Messages:
    6,680
    Likes Received:
    1
    Location:
    Oregon, USA
    it is one more nail in the coffin of the conservative script.

    all you need to know is that the things conservatives say about gay marriage, they also said about women having the right to vote, desegregation, interratial marriage, the absolishment of slavery, blacks having the right to vote, etc. the script never changes, but this time around, people are becoming more aware of the fact that all conservatives do is change the identity of the group they are scapegoating. hopefully, one day, their abuse will be so ineffective, cause everyone else already recognizes the stupidity of it, that they will grow up, and stop being the selfish little 7 year old on the playground throwing temper tantrum cause no one wants to play the game by the rules they make up on the spot.
     
  3. Chip

    Board Member Admin Team Advisor Full Member

    Joined:
    May 9, 2008
    Messages:
    16,551
    Likes Received:
    4,750
    Location:
    northern CA
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Wow. This is really interesting. I'm not a Constitutional scholar, but one of the immediate questions that comes to mind is, does this ruling extend the "protected class" status only to married gay couples, or to the individual gay people seeking to enter into marriage? My first read of that interpretation would seem to imply that it is the individuals, not the couples, that are being identified as a protected class.

    It's an enormous difference: If individual gay people are identified as a 'protected class', does that protection not extend to the same protections that other classes enjoy? In housing, employment, health care, discrimination in commerce, and other ways? If that's the case, it is a truly momentous decision, probably one of the most historic decisions the Supremes have issued in 30+ years. It just seems surprising they'd take the option to make a major, momentous decision. They've been dodging such important decisions for decades.

    I'd be very interested to hear expert evaluation on this issue.
     
  4. Hefiel

    Full Member

    Joined:
    Apr 11, 2013
    Messages:
    1,061
    Likes Received:
    0
    Location:
    Montréal
    Well according to the 5th :
    It seems to regard individual rights in front of the law. So yes, it would apply to gay individuals in general based on the ruling of SCOTUS, and not strictly to married gays.

    It's expected that there will be plenty of lawsuits in the near future in states where gay marriage is illegal because of this ruling under the 5th. Should be interesting.
     
  5. Dan82

    Full Member

    Joined:
    Dec 12, 2009
    Messages:
    4,754
    Likes Received:
    0
    Location:
    Chicago IL
    1) The exact meaning will need to be determined in future court cases
    2) There is no was the court will rule that the equal protection clause prohibits discrimination by non-government parties, it would be an incredible stretch to find such a mandate in the wording of the Fourteenth Amendment. What it would do is create a much higher standard for discrimination by any government(thought it wouldn’t necessarily ban all discrimination)

    ---------- Post added 26th Jun 2013 at 01:28 PM ----------

    let me amend this by saying that it could lead to bans on discrimination by Common carriers and Public accommodations but a don't believe that's a major issue.
     
  6. WeirdnessMagnet

    Regular Member

    Joined:
    Dec 26, 2011
    Messages:
    479
    Likes Received:
    0
    Location:
    Klein sexuality bottle
    Gender:
    Genderqueer
    Gender Pronoun:
    Other
    Sexual Orientation:
    Bisexual
    Out Status:
    Some people
    I'm tired, I'm no legal scholar, and I didn't read either the opinion itself or any explanations of it yet, but... Yay!

    Thanks to this, and (for me) equally important DNA patent ruling, my rating of the current SCOTUS rose to (!)(!)(!) three dancing bananas out of five.
     
  7. Unknown5

    Unknown5 Guest

    Yaaaaaaaaaayyyayyayayayay!!!! :slight_smile: